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Federal Register / Vol. 86, No. 83 / Monday, May 3, 2021 / Rules and Regulations
known locations, it should be simple to identify and modify that equipment.
Furthermore, the Commission did not expect its decision to delay the introduction of on-board units OBUs since, under normal vehicle development cycles, it would expect at least two years before such equipment could be deployed in vehicles in large numbers. The Commission concluded that its action would accommodate the needs of incumbent licensees and provide sufficient time to consolidate their operations in the upper portion of the band, while enabling unlicensed system operators to begin taking advantage of the 5.8505.895 GHz portion of the band with indoor deployments as soon as possible. The Commission directed the Wireless Telecommunications Bureau WTB to automatically remove all frequencies in the 5.8505.895 GHz portion of the band that remain on any ITS license individually licensed RSUs and OBUs that are licensed-by-rule at a reasonable time after the transition deadline.
13. The Commission added a notification requirement consistent with the transition deadline of one year from the effective date of the First Report and Order as a condition on ITS part 90
licenses. This condition requires licensees to certify by that deadline that they have ceased operating in the 5.850
5.895 GHz portion of the band. Any licensee that does not transition to the upper 30 megahertz of spectrum in the 5.8955.925 GHz segment of the 5.9
GHz band, as evidenced by failure to file the required notification advising the Commission of its transition, will have their license terminated automatically without specific Commission action.
The Commission directed the WTB to establish the procedural requirements of the notification process via Public Notice. The Commission found that the notification requirement would ensure clearing of the lower 45 megahertz of spectrum and provide transparency to all stakeholders regarding the status of the band.
14. The Commission revised its rules to prohibit new ITS applications for the 5.8505.895 GHz portion of the 5.9 GHz band. The Commission did not terminate any license or any licensees renewal expectancy and found that this transition plan treats each licensee in a consistent manner. The Commission directed the WTB to modify the existing license freeze consistent with the decisions it adopted to allow licensees to register new RSUs to operate only within the modified ITS band of 5.895
5.925 GHz. Licensees may, at any time prior to the end of the one-year transition period, modify their currently
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existing RSU location registrations on their own motion to delete frequency usage in the lower 45 megahertz, so that the remaining RSU registrations on their licenses would reflect only the 5.895
5.925 GHz frequencies. By no later than the transition date, licensees are required to cease all operations in the 5.8505.895 GHz, including portable RSUs not subject to registration requirements, as any ITS operation in the band on or after that date would violate the Commissions rules and the terms of the modified licenses. Existing ITS licensees that currently operate on channels in the 5.8505.895 GHz portion of the 5.9 GHz band may move any of their DSRC-based operations to channels in the 5.8955.925 GHz portion of the band at any time before they are required to cease operations in the 5.8505.895 GHz portion.
15. The Commission declined to adopt a specific mechanism for funding the transition because it did not propose a compensation mechanism in the NPRM, and thus did not provide parties an adequate opportunity to comment on such a mechanism.
B. Unlicensed Operations in the 5.850
5.895 GHz Band 16. As proposed in the NPRM, the Commission designated 45 megahertz in the 5.8505.895 GHz portion of the 5.9
GHz band the UNII4 band for unlicensed operations to expand the unlicensed ecosystem by providing additional spectrum adjacent to the upper edge of the 5.7255.850 GHz U
NII3 band for unlicensed devices.
Based on its review of the pertinent technical and legal issues and an examination of the record, the Commission adopted a staged approach to effectuate the band-repurposing actions taken. To optimize use of the 5.8505.895 GHz band by unlicensed operations as soon as possible with full consideration of the need to protect ITS
and federal incumbent operations in this band, the Commission permitted immediate indoor unlicensed operations to operate across the entire 5.8505.895
GHz portion of the 5.9 GHz band. The Commission limited unlicensed use to indoor operations in recognition of the potential that ITS licensees may currently be operating in portions of the 5.8505.895 GHz band in particular geographic areas, as well as the need to protect federal incumbents operating in particular geographic zones in the 5.8505.895 GHz band. The Commission declined to allow fullpower unlicensed outdoor operations at this time. Instead, such use across the band will be allowed at a later time, after ITS operations have ceased to
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operate in the 5.8505.895 GHz band and after the Commission has adopted rules that will ensure protection of federal operations from these outdoor operations.
17. Technical and Operational Rules for Unlicensed OperationsIndoor Unlicensed Operations to Protect Federal Incumbents and ITS Operations while ITS Remains in the 5.8505.895
GHz Band. As proposed in the NPRM, the Commission placed the UNII4
band 5.8505.895 GHz unlicensed device rules in part 15, subpart E along with the existing UNII rules and subject to all the general part 15
operational principles. Based on NTIAs analysis and recommended equivalent isotropically radiated power EIRP
spectral density limit of 20 dBm/MHz to protect federal radar operations in the 5.8505.895 GHz band, for unlicensed operations in the 5.8505.895 GHz band, the Commission limited indoor access point EIRP spectral density to 20
dBm/MHz with a maximum EIRP of 36
dBm over the bandwidth of operation e.g., 33 dBm/20 MHz and 36 dBm/40
MHz. The Commission determined that when the UNII4 band was combined with UNII3 band spectrum, indoor access point EIRP can scale to 36 dBm for 80 and 160 megahertz channels.
Under this framework, operators relying on indoor UNII4 devices will be able to operate at the highest power levels the Commission permits for UNII
devices i.e., 36 dBm EIRP using wider channels to maximize throughput and utility of the band. At the same time, the limit on power spectral density across all possible UNII device bandwidths will ensure that Department of Defense DoD radars and ITS operations are protected from harmful interference.
The Commission concluded that the 20
dBm/MHz EIRP spectral density limit it was adopting for unlicensed operations in the 5.8505.895 GHz band to protect incumbent federal operations would similarly protect DSRC-based V2V and V2I operations in the band from cochannel harmful interference during the transition period.
18. In response to the NTIAs suggestions to further reduce the potential for harmful interference to federal radar operations in the band, the Commission adopted rules to ensure that indoor use only devices are not deployed outdoors. Specifically, the Commission required that indoor access point devices cannot be weather resistant; that access points have integrated antennas, or otherwise prohibit the capability of connecting other antennas to the devices, which will prevent substituting higher gain directional antennas and make the
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